Legal Opinion
Payne v. Allen
Supreme Court of Georgia
Decided February 14, 1923No. 3104PublishedCited by 5 opinions
1Opinion of the CourtAtkinson, J.
The controlling question in this case is whether the trial court erred in overruling the special demurrer to paragraph 7 of the petition, as set out in the statement of facts. If the plaintiff’s son was a passenger on the train, the defendant would owe him the duty of extraordinary diligence to protect his person and life. Civil Code (1910), § 2714. If he was a trespasser on the train, the company would not owe him the duty of extraordinary diligence (Purvis v. Atlanta Northern Railway Co., 136 Ga. 852 (3), 72 S. E. 343), though he would be entitled to protection against willful, wanton, and…
2Cases cited16 opinions
- Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
- Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
- Wynn v. City & Suburban RailwaySupreme Court of Georgia · 1893
- Georgia R. R. & Banking Co. v. RichmondSupreme Court of Georgia · 1896
- King v. Central of Georgia Railway Co.Supreme Court of Georgia · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Rome v. First National BankSupreme Court of Georgia · 1939
- DeMOTT v. OLD TOWN TROLLEY TOURS OF SAVANNAH, INC.Court of Appeals of Georgia · 2014
- DeMOTT v. OLD TOWN TROLLEY TOURS OF SAVANNAH, INC.Court of Appeals of Georgia · 2014
- Greeson v. BaileySupreme Court of Georgia · 1929
- Payne v. AllenCourt of Appeals of Georgia · 1923